A. Maryland Fancy. The following special grade of eggs of a standard superior to Grade A eggs for use on a voluntary basis for eggs produced in Maryland is established under the authority granted to the Secretary under Agriculture Article, §4-306, Annotated Code of Maryland:
(1) This grade of eggs shall be known as Maryland Fancy grade and the eggs shall be produced and packed in Maryland.
(2) The standard of quality for individual eggs shall be the same as the standard of quality of U.S. AA eggs. Final determination as to meeting the standard of quality for shell eggs shall be made by candling or other acceptable methods as determined by the Secretary.
(3) The weight classes for Maryland Fancy grade of eggs shall be expressed as minimum net weight for individual eggs at the rate per dozen as follows:
(a) Jumbo, 30 ounces;
(b) Extra large, 27 ounces;
(c) Large, 24 ounces; and
(d) Medium, 21 ounces.
(4) Maryland Fancy eggs shall be at least 90 percent of Fancy quality when packed, candled, and packed by the producer or other authorized egg processors in authorized sealed or otherwise approved cartons bearing name and address, date when candled, and registry number. The eggs allowed by tolerance when packed may not be below Grade A quality.
(5) A person may not pack the Maryland Fancy grade for sale without first applying for registration and being issued a registry number. Applications for registration and registry number identifying seals or approved egg cartons shall be made to the authorized agents of the Department. Registration may be revoked for due cause.
(6) Registrants shall be required to submit information on Department form "Special Grades Inspection" relative to production, handling, distribution, and sales of Maryland Fancy grade eggs and their egg producing and packing facilities inspected and approved by an authorized agent of the Department.
(7) The registrant agrees to authorize the Department, through its authorized agents, to conduct an annual inspection of its premises and such additional inspections as the Secretary deems necessary to assure compliance with this regulation.
(8) The annual registration fee for the marketing of Maryland Fancy grade eggs shall be $20 per year.
(9) Tolerances. A tolerance of 15 percent in quality will be allowed at the retail level. The eggs allowed by tolerance may not be below Grade A quality. There shall be no tolerance permitted for the size of eggs.
B. Maryland Fresh. For those who desire to pack and sell eggs as Maryland Fresh, the eggs shall be produced and packed in Maryland and shall be of Grade A quality or better. The words "Maryland Fresh" can be used only in addition to the word Grade A. Those desiring to use the term "Maryland Fresh" shall first apply to the Department for permission and, upon furnishing the evidence relating to the origin of the eggs as outlined by the Secretary in the form "Special Grades Inspection" attached to these regulations, and upon approval of the egg producer and packing facilities following an inspection by an authorized agent of the Department, shall be issued a registry number. No one may sell, advertise, or represent any eggs as Maryland Fresh until a registry number is granted. Registry numbers shall be renewed each year and may be revoked for due cause.
C. Any person or association making application to pack or sell eggs as Maryland Fresh shall reveal to the Department, on forms supplied by the Department, the sources from which their eggs are obtained, their volume of Maryland produced eggs, and the volume of Maryland Fresh eggs sold.
D. An applicant shall agree to authorize the Department, through its authorized agents, to conduct an annual inspection of its premises and to conduct additional inspections as the Secretary considers necessary to assure compliance with this regulation.